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03 August 2020
Law 2121/1993 on Copyright, Related Rights and Cultural Matters (the Copyright Law) does not provide for a fair use or fair dealing defence.(1)
Nevertheless – and in compliance with the EU Information Society Directive (2001/29/EC) – the Copyright Law contains an exhaustive list of specific statutory exceptions and limitations on authors' economic rights.
A copyrightable work can be legally used without prior authorisation or payment if said use is covered by a specific exception or limitation stipulated by the Copyright Law and all legal requirements provided thereunder are met.
Section IV of the Copyright Law sets out the following exceptions and limitations:
The above limitations apply only in certain cases and must always be interpreted in compliance with the three-step test provided in Article 28C of the Copyright Law (as set out in Article 9(2) of the Berne Convention).
Briefly, this test requires that the exceptions:
For further information on this topic please contact Kriton Metaxopoulos or Irini Daroussou at A & K Metaxopoulos & Partners Law Firm by telephone (+30 210 725 7614) or email (k.metaxopoulos@metaxopouloslaw.gr or idaroussou@metaxopouloslaw.gr). The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.
Endnotes
(1) This is the second article in a series on journalism and copyright in Greece. For the first article in the series, please see "Journalism and copyright: what is protected by copyright law?".
(2) Supreme Court Decision 1328/2018.
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